Lawsuits

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Judge extends temporary restraining order in family detention licensing lawsuit

Satsuki Ina speaks to the press before testifying at a DFPS hearing against the licensing.Satsuki Ina speaks to the press before testifying at a DFPS hearing against the licensing.

In a May 13 court hearing, District Judge Karin Crump heard arguments on whether the state has authority to issue childcare licenses to the South Texas Family Residential Center in Dilley, Texas, according to a report from the Austin-American Statesman. 

Plaintiffs in the lawsuit — two detained mothers and advocacy organization Grassroots Leadership — asserted that the prison-like conditions of these family detention centers make them no place for children. Moreover, they argued that the Department of Family and Protective Services (DFPS) cannot rewrite the rules to give itself power to regulate the facilities.

Four detained mothers testified Friday that after fleeing violence in their countries, instead of finding help they now feel incarcerated. They mentioned trouble sleeping because of guards entering their rooms every half hour, being served the same meals repeatedly, and children getting sick from water that tastes like chlorine.

One mother, identified as E.G.S., fleeing sexual violence in El Salvador, told the judge that her daughter had been sexually assaulted by another detained women while at the Karnes family detention camp.

The Austin-American Statesman reports that the Texas attorney general's office, as well as attorneys for Corrections Corporation of America (CCA) and GEO Group, which operate the Dilley and Karnes family detention camps, argued that licensing the facilities would provide oversight that would enhance the safety of the children detained there. They pointed to the licensing process at Karnes as a success, as five employees were dismissed as a result of background checks conducted during the licensing process.

Pursuing licensing of the detention centers represents a major shift for the agency, which asserted for a decade that it did not have the authority to do so.

District Judge Karin Crump seemed skeptical of the state’s change of heart, asking, “How do you reconcile your own commissioner’s letter … where Commissioner (John) Specia very specifically stated that DFPS doesn’t have jurisdiction to do what you have done?”

Judge Crump extended the temporary restraining order preventing the licensing of the Dilley family detention camp until June 1 when she will hear further evidence in the case. She is now weighing whether to issue a temporary restraining order that would invalidate the new DFPS rule altogether that had allowed the Karnes family detention camp to obtain a license.

Immigrant families sue to stop licensing of Karnes and Dilley family detention centers

On Tuesday May 3, immigrant families and Austin-based nonprofit Grassroots Leadership filed a lawsuit to stop the state of Texas from licensing the Karnes and Dilley family detention centers. The suit comes after the Texas Department of Family and Protective Services granted a six month license to the Karnes County Residential Center on Friday April 29 despite deficiencies in the facility’s inspection. A spokesperson for the agency also announced that the South Texas Family Residential Center in Dilley is expected to receive a license within the week.

In the suit, Grassroots Leadership and detained families argue that DFPS may not alter the standards of child care licensure to accommodate federal detention facilities without approval of the Texas legislature. Immigrant rights groups have argued that the state’s motivation for licensing the facilities is to defend harsh federal immigration enforcement rather than to protect children.

“Changing an interpretation of Texas law to help federal immigration officials enforce harsh detention policies is disingenuous and detrimental to the health of children in Texas,” executive director Bob Libal of Grassroots Leadership told the Texas Observer.

In a previous lawsuit on the licensure in November 2015, Grassroots Leadership won a temporary injunction that required DFPS to provide opportunity for public comment before licensing the facilities.

A DFPS spokesperson told the Texas Observer that the agency is “reviewing and consulting with the [Texas attorney general’s] office” regarding the lawsuit.

Family sues GEO Group over wrongful death of man in federal immigrant prison

Big SpringsBig Springs

On March 4, the family of Nestor Garay filed a wrongful death lawsuit alleging that private prison operator GEO Group negligently left Garay in the care of unqualified medical staff who failed to respond properly when Garay suffered a stroke while incarcerated at the Big Springs Correctional Center in June 2014. It took two days after Garay was found moaning and unresponsive in his bed, covered in sweat and urine, for GEO Group to send him to the emergency room in Midland, 40 miles away from the facility, where he eventually died handcuffed to the hospital bed.

GEO Group subcontracts medical care at the facility to Correct Care Solutions (CCS), who had only a Licensed Vocational Nurse (LVN) on hand the night that Garay suffered his stroke. LVN licenses require only one year of training, so they typically serve as support staff for more highly trained doctors and nurses. That night, the LVN contacted the on-call Physicians Assistant who gave Garay anti-stroke medicine and sent him back to bed rather that ordering him to the emergency room. By morning, Garay’s face was drooping and right arm was contracted and he was ordered to the ER. It took another hour to actually leave the facility.

Doctors who treated Garay say that the window of treatment for the type of stroke he suffered is about 3 hours, so there was little to be done once he arrived at the hospital more than six hours after the initial stroke.

Big Springs is a Criminal Alien Requirement (CAR) prison, one of 11 facilities around the country incarcerating exclusively noncitizens convicted of federal crimes. The prisons operate under less strenuous standards than other Bureau of Prisons facilities. They have also come under fire from civil rights groups for their lack of adequate medical care, food, and other inhumane conditions and have been the sites of recent prisoner uprisings.

Hunger strike and use of solitary confinement reported at the Reeves County Detention Center

Reeves County Detention CenterReeves County Detention CenterAccording to News West 9, a hunger strike broke out at the Reeves County Detention Center on March 4. Prisoners and their families say they were put into solitary confinement as retaliation for talking to an attorney.

 

The wife of a prisoner at Reeves said her husband was among those placed in solitary. "They're punishing them. Those who spoke with a lawyer, or were wanting to speak with one, they put them in solitary confinement," she said.

 

William McBride, an attorney who says he had a meeting with 56 prisoners at Reeves on March 2, told News West 9 that prison officials suddenly prevented him from speaking with clients on March 3. McBride says prison officials gave no explanation for why he couldn’t meet with clients.

 

“[The warden] didn’t give me a reason why. He just said, “We’re not going to let you see them today, tomorrow or in the future,” McBride said.

 

McBride also told reporters that the prison blocked prisoners from calling his phone number from inside.

 

The reports of retaliation and a hunger strike at Reeves come just weeks after McBride announced that he would pursue a $15 million lawsuit against the Willacy County Correctional facility. The Reeves and Willacy facilities are two of the nation’s 13 segregated, federal “Criminal Alien Requirement” (CAR) prisons for immigrants. Most of those incarcerated in CAR prisons have been convicted of crossing the border. McBride said he wants to include all five of the CAR prisons in Texas in the lawsuit. McBride told NewsWest 9 that prisoners say they only eat rice and beans and that 4 computers must be shared among the 2,300 prisoners, making it nearly impossible to look for legal representation.

 

McBride also said medical care is withheld at Reeves. He says a diabetic prisoner who lost all of his five toes and part of his foot because of an infection went untreated.

 

The hunger strike allegations at Reeves come just days after a major two day uprising where 2,000 immigrant prisoners at the Willacy County Correctional Center last month. Willacy is operated by the Management and Training Corporation (MTC) and, according to an ACLU report, is home to the same abuse and poor medical care.


News West 9 contacted GEO Group to comment on McBride’s access to the inmates. In a statement, they said, “As a matter of policy, our company cannot comment on operational and legal matters."

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